Injunctions During Divorce

An injunction is a court order preventing a named person from carrying out any act addressed by the order.

Typically this is to protect against the use or threat of unlawful violence, intimidation or harassment, but it can also extend to the use, regulation and occupation of a property.

Usually in family law, people seek to obtain injunction orders against their respective spouse or partner.

The Significance of Injunctions

The importance of such orders, which, crucially, can in some circumstances be obtained in the first instance even without giving notice to the alleged perpetrator of abuse, is that the order offers the protection of an automatic power of arrest and is effective from the time that the alleged perpetrator of abuse is personally served with the order.

This means that any act carried out by the person named in the order makes them liable to be arrested for breach of that order, and the person could be sent to prison – depending on the severity of the breach – for a period not exceeding five years.

Family law solicitors almost invariably offer assistance to their clients in obtaining injunctions against family members.

Applying for an Injunction

Getting an injunction is more common than it used to be. The UK government is ever expanding the scope of what is considered to be abusive behaviour by adding financial abuse to the already existing categories of physical, emotional and verbal abuse.

We strongly believe in the old phrase that justice must be blind to be fair. We believe that any victim of abuse deserves to be protected by the law.

What makes our family law solicitors stand out from other solicitors who offer assistance in injunction work is the speed with which we are able to obtain injunctions for our clients. We work to help clients apply for an injunction in a timely manner so that protection is offered in meritorious cases without hesitation or delay.

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